Anthem Broadband is dedicated to customer service and strives to maintain an internet connection that provides customers with an enjoyable and reliable experience. This includes an experience that is free from unlawful and improper interference.
Your use of any Services (as defined below) provided by Anthem Broadband is conditioned on your acceptance of these Terms & Conditions, as well as any other policy set forth by Anthem Broadband. If you breach any provision of these Terms & Conditions or another Anthem Broadband policy, Anthem Broadband may suspend or terminate your account. Your use of the Services is governed by all applicable local, state, federal, and international laws and regulations. This includes, but is not limited to, all laws relating to copyright, trademark, obscenity, defamation, the right of privacy, false advertising and fraud. When using the Services you must use your best efforts to avoid interfering with any other customer’s use and enjoyment of the Services. You must also ensure that your use of the Services follow all rules pertaining to proper Internet conduct as set forth in these Terms & Conditions. Please review these Terms & Conditions carefully.
Anthem Broadband may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. Anthem Broadband will most often deliver such Communications to you in electronic form. You agree, by accepting the Services, to receive such Communications electronically and for all lawful purposes as required by the FCC or under the Telephone Communication Protection Act of 1991, and any subsequent amendments (“TCPA”).
You consent to receive electronically all Communications that Anthem Broadband may provide you in connection with your Anthem Broadband account and your use of the Services. Communications include but are not limited to:
Communications will be considered to be received by you upon delivery in any of the following manners:
To access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:
You agree and acknowledge that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications for your records. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable. Also, you may contact Anthem Broadband to request another electronic copy of a Communication.
On occasion, Anthem Broadband or its affiliates may seek to contact you by telephone or SMS text message at the landline and/or wireless phone numbers that you have provided to Anthem Broadband. You hereby consent to such contact. These communications may be about your Anthem Broadband account, responses to inquiries that you have made to us, or for other purposes, including marketing messages about other goods or services provided by Anthem Broadband or its affiliates. Your consent authorizes us to do so under the TCPA. These SMS text messages may be sent using an automatic telephone dialing system and may include the use of prerecorded messages. Please note that you may be responsible for any charges from your telephone provider for these calls or SMS text messages. As set forth in our Online Security policy, Anthem Broadband will never request your credit card information or social security number via telephone or text message.
If you do not wish to receive these optional calls and SMS text messages, you do not have to do so. Your consent to receiving these calls and SMS text messages is not required in order to purchase or receive any Anthem Broadband Services. To revoke your consent to receive telephone calls and SMS text messages, please let Anthem Broadband know. The easiest way is by changing your settings in your account, or by calling Anthem Broadband’s Customer Relations Team at 1-208-677-8000.
You may apply for the Services online at www.anthembroadband.com. Although Anthem Broadband hopes to make Anthem Broadband available to as many people as possible, as quickly as it can, Anthem Broadband reserves the right to determine whether any Services are made available to a particular address.
If Anthem Broadband determines that the address at which you receive Services is not a residential address, Anthem Broadband may require you to transition to another type of account in order to continue receiving the Services. This transition may include an increase in any fee for the Services.
You agree to provide Anthem Broadband with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your residence” below) so that the equipment necessary for you to receive the Services may be installed and configured. You agree that Anthem Broadband may install equipment on the exterior and interior of your residence (including but not limited to laying underground conduit and/or affixing equipment to the outside of your residence) at any reasonable location. You also agree that Anthem Broadband may use, and that you have the necessary permissions to approve Anthem Broadband’s use of, existing facilities, including existing wiring in and around your residence, to complete the installation services and to maintain or upgrade the Services as necessary.
If you rent or otherwise do not own your residence, you represent and warrant that you are authorized by the property owner to order Anthem Broadband installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for Anthem Broadband to perform an installation of the Services. If Anthem Broadband incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for Anthem Broadband to install the equipment required for the Services, you are responsible for reimbursing Anthem Broadband for those costs or losses.
Acceptance of these Terms & Conditions does not guarantee that Anthem Broadband will install or provide any Services. We may need a separate agreement or easement with you or your landlord in order to install the Services.
Note that the Over-the-Air Reception Devices (OTARD) limits what restrictions a landlord, HOA, or other entity can place on your ability to install internet service.
You agree to pay any and all applicable fees for the Services you purchase, whether ordered by you, an Authorized User, or any third party with access to the Services pursuant to your Anthem Broadband account.
· You agree to pay all charges incurred. Charges shall be invoiced monthly and payment shall be due 20 days from the date of the invoice.
· You will pay all sales and use taxes, as well as duties or levies, including any long-distance phone charges arising in connection with the Services.
If any instrument received in payment is returned to Anthem Broadband unpaid, your account will be considered to be in default, and in addition to the amount past due and any late payment fees due, you will be subject to any applicable Anthem Broadband returned-check charge. You will also be subject to pay Anthem Broadband its reasonable expenses, including attorney fees and collection agency fees, incurred in enforcing its rights under any Anthem Broadband policy.
Your contract with Anthem Broadband commences upon activation of service by Anthem Broadband and remains in effect for the selected rate plan period. After the term specified in the contract has expired, the connection for the Services will automatically renew on a month-to-month basis at the customer’s current plan rate, unless terminated in accordance with these Terms & Conditions.
You may terminate this agreement upon thirty (30) days advance written notice by completing the cancelation form found on the Anthem Broadband website. If you agreed to a service plan that had a minimum term commitment and terminates prior to completion of that term, an early termination fee will be applied to the account. The termination fee will be equal to 50% of the monthly plan’s price multiplied by the number of remaining months in the agreement, or the price of installation that was waived at time of signup, whichever is less. Anthem Broadband shall have the right to suspend or terminate this agreement at any time without prior notice. You also agree that Anthem Broadband has the right to delete all data, files, or other information that resides or is stored on Anthem Broadband’s hardware, if your account with Anthem Broadband is terminated, for any reason, by either Anthem Broadband or you.
For purposes of this Section 11, the term “information” means material of any type capable of being posted or transmitted on or through the Services, including material in print, graphic or pictorial form. You shall not restrict or inhibit any other user from accessing and enjoying the Services. You shall not post or transmit any unlawful, obscene or pornographic information of any kind including and not limited to any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, or international law. You shall not post or transmit any information or software which contains a virus, worm, cancelbot, or other harmful components. You shall not copy, upload, post, publish, transmit, produce, or distribute in anyway, information, software or other material which is protected by a copyright or other proprietary right, without obtaining permission from the copyright or other proprietary right, without obtaining permission from the copyright owner or right holder to do so.
If you are using the Services in a residence or other location you do not own or control (such as a rental, hospital, hotel, etc.), you may have agreements related to the Services with property owners, managers, or other third parties outside these Terms & Conditions; Anthem Broadband is not a party to such agreements and therefore is not responsible for nor bound by such agreements.
You are responsible for all financial transactions made using the Services, by you, any other Authorized User, or any third party with access to the Services, whether made knowingly or unknowingly.
Services are intended for the personal use of you and other occupants and guests within your residence. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your residence.
Anthem Broadband makes an effort to keep its network secure, but no network security is perfect. While Anthem Broadband may provide technical assistance to you, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. Anthem Broadband is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.
Customers or Authorized Users that engage in any conduct or activity that Anthem Broadband, in its sole discretion, believes violates any of the provisions of these Terms & Conditions or any other binding Anthem Broadband Policy, may:
Anthem Broadband’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as any waiver of any provision or right.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflicts of law provisions. Any cause of action of the customer may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises or such claims or cause of action is barred.
Anthem Broadband will provide the Services using a commercially reasonable level of skill and care and hopes that you will enjoy using them. There are certain things that Anthem Broadband does not promise about the Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY ANTHEM BROADBAND OR AN AGENT THEREOF, NEITHER ANTHEM BROADBAND NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT
PROVIDED TO YOU BY ANTHEM BROADBAND, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, ANTHEM BROADBAND DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. ANTHEM BROADBAND PROVIDES THE SERVICES AND EQUIPMENT “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, ANTHEM BROADBAND EXCLUDES ALL WARRANTIES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ANTHEM BROADBAND, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF ANTHEM BROADBAND SO CHOOSES, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, ANTHEM BROADBAND, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
WHEN PERMITTED BY LAW, ANTHEM BROADBAND, AND ANTHEM BROADBAND’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
Anthem Broadband respects the intellectual property rights of others. Pursuant to the Digitial Millennium Copyright Act of 1998 (the “DMCA”), under 17 U.S.C. §§ 512(b)–(d), a copyright holder may sent Anthem Broadband a valid notification of claimed copyright infringement under the DMCA if they believe that their work has been copied and has been posted, stored, or transmitted through the Anthem Broadband website, in a manner that constitutes copyright infringement.
Anyone who believes their work has been used in a manner that constitutes copyright infringement may notify Anthem Broadband’s Designated Agent in writing with the contact information below:
Name of Designated Agent: Kevin Neal
Address: PO Box 30, Rupert, ID 83350 Email: [email protected]
Telephone Number: (208) 677-8000
All copyright infringement complaints must include the following:
Only upon obtaining notice in compliance with the requirements above will Anthem Broadband act expeditiously to remove or disable access to the allegedly infringed material. It is Anthem Broadband’s policy, in appropriate circumstances, to terminate, limit, or suspend users’ access to the Services, in the event of any copyright infringement.
Anthem Broadband may modify these Terms & Conditions at any time for any reason. You agree to be bound by any modification by continuing to use the Service. You should review these Terms & Conditions regularly, as updated versions will be posted on Anthem Broadband’s website. Changes will not apply retroactively. However, changes addressing new functions for Services, changes regarding the launch of new Services, or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms & Conditions, you must discontinue your use of the Services and terminate your agreement with Anthem Broadband pursuant to the procedures set forth herein